BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2336


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          Date of Hearing:  April 6, 2016


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 2336  
          (Olsen) - As Amended March 29, 2016


          SUBJECT:  Teacher credentialing:  emergency substitute teaching  
          permits


          SUMMARY:  Requires the California Commission on Teacher  
          Credentialing (CTC) to issue Emergency Substitute Teaching  
          Permits authorizing the holder to serve as a special education  
          substitute teacher for up to 40 days for any one teacher during  
          the school year.  Specifically, this bill:  


          1)Requires the CTC to issue Emergency Substitute Teaching  
            Permits authorizing the holder to serve in any classroom,  
            preschool, kindergarten, and any of grades 1 to 12, inclusive,  
            or in classes organized primarily for adults within each  
            county in which the permit is registered, provided the  
            employing agency has completed a State of Need on file for the  
            school year.


          2)Provides that the holder of the certificate is authorized to  
            serve as a special education substitute teacher for up to 40  
            days for any one teacher during the school year, provided the  
            employing has completed a Statement of Need, as specified.










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          3)Imposes a sunset day of January 1, 2022.


          EXISTING LAW:  


          1)Authorizes holders of 30-day emergency substitute teaching  
            permits to serve as a substitute in a special education  
            classroom for not more than 20 for any one teacher during the  
            school year.


          2)Requires holders of 30-day emergency substitute teaching  
            permits to meet the following requirements:


             a)   Possess at least a BA degree from a regionally  
               accredited college or university;


             b)   Have passed the California Basic Educational Skills Test  
               (CBEST); and


             c)   Have a fingerprint clearance.


          3)Requires the employing agency to submit a Declaration of Need  
            for Fully Qualified Educators as a condition of employing an  
            emergency substitute teacher.  The Declaration of Need shall  
            include the following:


             a)   The number and type of emergency permits that will be  
               needed during the school year;


             b)   A description of the efforts that were undertaken to  
               locate and recruit individuals who hold the needed  








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               credentials;


             c)   A description of efforts to establish alternative  
               training options; and


             d)   A certification that there is an insufficient number of  
               certificated persons who meet the requirements of the  
               positions to be filled by the substitutes.


          FISCAL EFFECT:  Unknown


          COMMENTS:  School districts need to employ substitute teachers  
          for periods of time ranging from one day to up to 12 workweeks  
          for statutory leaves, such as family and medical leave, pursuant  
          to state and federal law.  Substitutes are used either to  
          temporarily replace teachers who are absent or to fill vacant  
          positions.  Existing law provides several options for districts  
          that need to employ substitutes for either of these purposes.


          For short term needs, districts may employ a substitute with a  
          short term 30-day substitute teaching permit.  To qualify for  
          this permit, a substitute must have a bachelor's degree, pass  
          the CBEST, and have fingerprint clearance through the California  
          Department of Justice and the FBI.  The holder of this permit  
          may substitute for no more than 30 days for any one teacher per  
          school year in a general education setting, and no more than 20  
          days for any one teacher per school year in a special education  
          setting.  





          The reason for this limitation is to minimize the length of time  








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          students are taught by a substitute with a short term  
          credential, because they are the least-prepared teachers in the  
          classroom.  Within 20 days, teachers must begin preparing lesson  
          plans and undertaking other activities of a regular classroom  
          teacher, but for which they have no training or preparation.  If  
          a substitute is needed for more than 20 days, the practice  
          sometimes has been to replace the first substitute with another  
          one with a short term permit.  The purpose of this bill is to  
          minimize the disruption caused when one short term substitute is  
          replaced by another short term substitute by extending the time  
          that a special education substitute may be assigned to a  
          classroom to 40 days.  





          Long term alternatives to the emergency substitute permit  
          already exist.  However, districts have other options, and  
          existing law requires districts to give higher priority to these  
          other option pursuant to a "hiring hierarchy" (Education Code  
          44225.7).  Two alternatives relevant to this bill are Short Term  
          Staff Permits (STSPs) and Provisional Internship Permits (PIPs).  
           





          A STSP may be requested by a district when there is an acute  
          staffing need. An "acute staffing need" exists when an employer  
          needs to fill a classroom immediately based on an unforeseen  
          need. Examples of reasons that justify the request for issuance  
          of a STSP are: the teacher of record is unable to finish the  
          school year due to approved leave/illness; enrollment  
          adjustments; or as a bridge document when an individual has  
          satisfied the subject-matter competence requirement but is  
          unable to enroll in a teacher preparation program. 









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          A PIP may be requested by an employing agency when there is an  
          anticipated staff need. An 
          "anticipated staffing need" exists when a district is aware that  
          an opening is going to occur and 
          conducts a diligent search for a credentialed teacher, but is  
          unable to recruit one. This often 
          occurs in the statewide shortage areas of special education,  
          mathematics, and science. However, 
          an anticipated staffing need can occur in almost any subject  
          depending upon the site and district. 

          The holder of a STST or PIP can work up to one full year in the  
          same position  and must meet the same basic qualifications as  
          the holder of a short term permit.  In addition, however, a STST  
          or PIP holder but must also have completed additional coursework  
          related to their area of assignment. Also, the district must  
          provide mentoring and support to substitutes working under these  
          permits.  Thus, the option to employ a substitute for more than  
          20 or 30 days comes with a responsibility to employ a substitute  
          with higher qualifications and to provide on-the-job support.

          Teaching Permit for Statutory Leave.  In addition to the STSP  
          and PIP, the CTC has recently approved a Teaching Permit for  
          Statutory Leave (TPSL), which is scheduled to take effect  
          October 1.  A holder of this permit must meet the requirements  
          of the 30-day emergency permit and also have completed 45 hours  
          of preparation relevant to the substitute assignment.  In  
          addition, districts must provide orientation, mentoring, and  
          support to substitutes employed with this permit.  This permit  
          allows the holder to remain in the same classroom for the  
          duration of the teacher's statutory leave.  "Statutory leave"  
          refers to long term leave, such as family leave, permitted under  
          federal and/or state law.  The benefit of this permit is that it  
          not only allows a substitute to remain in a classroom longer  
          than the 30 or 20 day maximum (thus achieving continuity), but  
          that it also ensures that the substitute have at least some  
          pre-assignment preparation and on-the-job support.  The primary  
          difference between the TPSL and the STSP and PIP is that the  








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          former is for leaves of absence (up to the length of time  
          allowed in law) and the other two are primarily for vacancies.

          This bill doubles the maximum time for a substitute teacher with  
          an emergency permit in a special education setting from 20 to 40  
          days.  The argument for this is that being able to retain the  
          same substitute for 40 days maintains stability and is better  
          for the students than the disruption caused by changing  
          teachers.  The problem, however, is that by the time a  
          substitute has been in a classroom for 20 days or more she is  
          preparing lesson plans and engaging in other activities for  
          which she has no preparation or training.  This would result in  
          our most vulnerable students being taught by our least prepared  
          teachers.  In addition, some fear that doubling the time a  
          district may use an emergency-permitted substitute in a special  
          education setting may make it too easy for a district to be less  
          aggressive in recruiting a fully-credentialed teacher.





          By doubling the amount of time that may be served by a special  
          education substitute, this bill provides an alternative to the  
          other, longer term permits (and to more quickly hiring a fully  
          credentialed teacher).  In doing so, it allows districts to  
          avoid (1) hiring substitutes with more pre-service preparation  
          and (2) providing on-the-job mentoring and support.  The  
          trade-off posed by this bill is the additional flexibility for  
          districts to hire minimally-trained special education  
          substitutes for a period of up to 40 days (eight weeks) versus  
          the need to ensure that our most vulnerable students have  
          teachers with at least a minimum level of preparation.   
          Additional flexibility is provided by the TPSL, but that applies  
          only to absences, and not to vacancies.  To fill that gap, while  
          maintaining a reasonable balance between the need for  
          flexibility and the need to meet a higher standard to special  
          education substitutes, staff recommends the bill be amended to  
          delete the requirement to establish a new permit and instead  








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          change existing law governing the use of short-term substitutes  
          as follows:





                 Apply the 40 day option for special education  
               substitutes only to vacancies, and not to absences;
                 Require the local education agency (LEA) to file a  
               Statement of Need and comply with the hiring hierarchy  
               required in existing law (this ensures the district has  
               made serious attempts to hire a credentialed teacher to  
               fill the vacancy);


                 Require the LEA to provide at least six hours of  
               training at the time it has reason to believe the  
               substitute will be needed for more than 20 days, but no  
               later than the 20th day of the assignment;


                 Require the training to include classroom management,  
               developing and implementing lesson plans, implementing the  
               requirements of each pupil's individual education plan, and  
               other areas deemed necessary by the district;


                 Require the LEA to assign a credentialed teacher or  
               teachers to provide ongoing support to the substitute;


                 Require the LEA to report to the CTC regarding the  
               number of substitutes employed pursuant to these provisions  
               and the length of their employment; and


                 Provide for a sunset date of January 1, 2022.









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          REGISTERED SUPPORT / OPPOSITION:




          Support


          Association of California School Administrators


          California Association of School Business Officials


          California Catholic Conference


          Kern County Superintendent of Schools


          Los Angeles Unified School District


          Riverside County Superintendent of Schools


          Small School Districts Association










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          Opposition


          Public Advocates




          Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087